HomeMy WebLinkAboutThe Preserve, 1st Amendment to The-Trail Agreement Memo of Understanding 2017 (PUD #261_Amend) FIRST AMENDMENT TO MEMORANDUM
OF UNDERSTANDING
THIS FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING ("Amendment") is
made and entered into effective on the date last written below, by and between GARRY STORRER and
CONNIE STORRER, husband and wife (collectively "Storrer"); the TWIN FALLS COMMUNITY
FOUNDATION("Foundation");and the CITY OF TWIN FALLS,IDAHO("City").
I. This Amendment hereby amends a Memorandum of Understanding previously entered into
by the parties hereto,a copy of which is attached hereto as Exhibit"1" ("Memorandum").
H. Except as expressly amended herein, the Memorandum shall remain in full force and effect
as written.
III. That portion of the Memorandum comprising paragraphs 1, 2 and 3 under the heading of
"Foundation"shall be deleted and replaced with the following:
FOUNDATION
1. For, and in the name of the City,the Foundation shall acquire from Storrer
6+/- acres of The Preserve for the purpose of facilitating the construction thereon of the
above-referenced section of the Canyon Rim Trail, extending approximately from Eastland
Drive North to the Evel Knievel Jump Site.
2. Said real property to be purchased by the Foundation shall,prior to February
j 15,2017,be more particularly described,which description,upon being agreed to and signed
by all parties hereto, shall be attached hereto as Exhibit "C", and thereby be incorporated
herein("Subject Property").
3. Closing of the sale of the Subject Property herein contemplated shall occur
on or before February 20,2017,unless otherwise agreed to by the parties.
4. At closing, the Foundation shall pay to Stoner the total purchase price of
$600,000 for the Subject Property in the following manner:
(a) $100,000 down payment, receipt of which Storrer hereby
acknowledges.
(b) Delivery to Storrer, at closing, an unsecured promissory note from
the Foundation to Storrer, in an initial principal amount not to exceed$100,000(the
exact amount to be determined by the Foundation) bearing simple interest at the
annual rate of six percent (6%) from and after the date of closing; maturing and
payable in full in one (1) year; and providing for discretionary prepayments by the
Foundation without penalty("Promissory Note").
(c) A payment at closing in an amount equal to $500,000, minus the
initial principal balance of the Promissory Note.
FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING- I
IV. That portion of the Memorandum comprising paragraph 1 under the heading "Storrer" shall
be deleted in its entirety and replaced with the following:
1. At closing, Storrer shall convey fee simple title to the Subject Property to
the City, by standard warranty deed, free and clear of all liens and encumbrances, with the
exception of any easements of record and real property taxes for 2017 which shall be
prorated and payable by Storrer to the date of closing. Further, Storrer shall provide,at their
cost, a standard policy of title insurance, insuring title in the City in the full amount of the
purchase price.
V. This Amendment may be executed in any number of counterparts, each of which shall be
taken to be one and the same instrument, for the same effect as if all parties hereto had signed the same
signature page.
"FOUNDATION" "STORRER"
TWIN FALLS COMMUNITY FOUNDATION
By:
GARYSTORRER
Its:
Dated:
CONNIE STORRER
Dated:
"CITYrr
CITY OF TWIN FALLS,IDAHO
By:
Its:
Dated:
IrWspecagmttlAmend MOD—Storrer—Twin Falls
FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING-2
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is entered into by and between GARY STORRER
and CONNIE STORRER, husband and wife, ("Storrer"), the TWIN FALLS COMMUNITY
FOUNDATION, hereafter("Foundation"), and the CITY OF TWIN FALLS, Idaho ("City").
WHEREAS, Storrer owns real property between Eastland Drive North and Hankins
Drive North near and adjacent to the Snake River Canyon, known as "The Preserve"PUD;and,
WHEREAS, The Preserve includes a public access bike/pedestrian trail over and across
the property, from Eastland Drive North to the Evel Knievel jump site, which is a section of the
future "Canyon Rim Trail", and the last undeveloped section of the trail between Shoshone
Falls/Dierkes Lake Park and the Perrine Bridge; and,
WHEREAS, Storrer has no plans to develop The Preserve PUD in the foreseeable future;
and,
WHEREAS, Storrer, City and the Magic Valley Trail Enhancement Committee
(MaVTEC) of the Foundation would like to complete the trail, for the benefit of the citizens of
the community.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the
parties agree as follows:
FOUNDATION
1. Foundation, through MaVTEC, will attempt to raise $600,000, to pay to Storrer the costs
related to modifications of the irrigation system and damages to the remainder of the
Storrer property caused by the construction and location of the trail.
2. If Foundation succeeds in raising the necessary $600,000, then it shall also commission
an appraisal of the trail and park real property, and agrees to execute documents
requested by Storrer for purposes of applying for available tax credits/deductions.
3. If Foundation fails to raise the necessary $600,000 by March 1, 2017, then this
Agreement shall be null and void.
CITY
Upon execution and recording of the warranty deed for the park and trail right of way and
easement by Storrer, as provided below, City agrees as follows:
1. City shall be responsible for all costs of design, construction and maintenance of the trail.
2. The design and construction shall include culverts and other drainage facilities as to
preclude ponding of irrigation runoff or storm water on the Storrer property.
MEMORANDUM OF UNDERSTANDING - 1
3. City shall confine all construction activities to the trail right of way. Any construction or
maintenance activities outside of the right of way shall be done only with prior
authorization of Storrer.
4. City shall construct a four rail steel ranch type fence with calf mesh along the southerly
boundary of the park and trail easement. The design of the fence shall conform to the
drawing on Exhibit A, attached hereto. The fence shall include two 12 foot gates at the
location shown on Exhibit B.
5. City shall provide security for trail users consistent with the security provide on other
segments of City owned and maintained trails.
6. City shall provide for fence maintenance and repairs of any damage cause by trail users.
7. City shall provide regular and effective weed control within the right of way.
8. City shall provide for maintenance of litter control consistent with the litter control
provided on other segments of City owned and maintained trails. This litter control shall
be on both sides of the fence. Storrer hereby authorizes City and its agents to enter onto
his property for the sole purpose of litter control.
9. City understands that Storrer intends to continue his cattle ranching operations on the
remainder of his real property, and recognizes Storrer's"right to farm". City shall not
declare any nuisance related to Storrer's ongoing ranching operation conducted outside of
the park and trail right of way.
10. City shall allow access to the public trail from all adjacent Storrer land as the land is
developed in accordance with the approved PUD Agreement.
11. City shall remove the existing fencing that now runs along the northerly border of
Storrer's property. City may use the fencing for a temporary livestock fence during
construction. Upon completion of the project, the fencing materials shall be stockpiled for
use by Storrer. Removal and stockpiling of the fencing materials shall be done in a
manner to maintain the reusability of the materials.
12. The dedication of the trail right of way and easement, and amendment of the PUD
showing the relocation of the trail, as provided below, shall satisfy Storrer's PUD
obligation for the trail and park development.
13. City shall submit an application for a PUD amendment in order to show the relocation of
the trail and location of the 3-acre park, all as shown on Exhibit B (EHM Drawing). All
amendments shall be approved by Storrer. If the PUD Amendment is not approved,then
all other obligations of the parties hereto shall be null and void. If the amendment is
approved, and if Foundation raises the necessary $600,000, then City shall enact an
ordinance amending the PUD.
MEMORANDUM OF UNDERSTANDING-2
STORRER
Upon receipt of the $600,000 and appraisal of the park and trail real property by the
Foundation, and approval of the PUD amendment by the City, as provided above, Storrer agrees
as follows:
1. Storrer shall execute a warranty deed for the park and trail right of way and easement, as
shown on Exhibit B. The warrantee deed shall be fee simple interest for the park and for
the trail from Eastland Drive North to the old railroad right of way. The warrantee deed
shall be for a permanent public right of way easement from the old railroad right of way
to the easterly boundary of Storrer's real property. The total parcel size will be
approximately 6 to 7 acres. The trail may be relocated in the future, in order to remove
irregularities in the course of the trail, and to accommodate proposed subdivision platting,
upon mutual agreement of Storrer and the City.
2. Storrer shall relocate all irrigation pipelines,pivots, and other irrigation facilities as
required to allow for construction and public use of the park and trail.
3. Storrer shall provide for repairs of the trail fence caused by cattle or other uses occurring
on the Storrer property.
GARY STO
y Storr
CONNIE STORRER
onme Storrer
TWIN FALLS COMMUNITY FOUNDATION
President
CITY OF TWIN FALLS, IDAHO
Mayor
MEMORANDUM OF UNDERSTANDING-3